MASOODA PARVEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the petitioner makes a grievance that her husband has been the victim of custodial death. According to her the army authorities apprehended him and later handed over his dead body to the family. Her allegation is that her husband was done to death by the army authorities.

(2.) This is controverted by the Union of India and it is submitted before us that on the basis of hard intelligence the deceased was questioned by the army authorities and he volunteered to show them the hideout of a militant organisation. He took the army personnel to the said hideout and while he was trying to enter the premises a loud explosion took place in which he was severely injured and died instantaneously, whereas three other army personnel were injured. Their medical reports have been produced before us. It is, therefore, their case that this was not a case of custodial death, and at best was a case of death caused by an accident.

(3.) On our request the Union of India has also produced before us the relevant file which has dealt with the complaint of the petitioner made to the Prime Minister of India and the various notings at different levels made by the authorities concerned all pointing to the conclusion reached by the Union of India that this was a case of accidental death.